Terms and Conditions
General Terms and Conditions
§ 1. Basic Regulations for General Terms and Conditions
The following General Terms and Conditions apply to all business contracts between
it´s Organic Handels GmbH, Bahnhofstraße 17, 82327 Tutzing, Germany (hereinafter referred to as „Seller“ or „LangerChen“)
the Consumer (hereinafter referred to as „Customer“)
arising from transactions through the Internet Site of the LangerChen-Online Shop. Any individual agreement entered into by Seller with Customer shall not prevail over Seller's General Terms and Conditions.
b) The offers within the scope of the LangerChen Online Shop are made to consumers only.
Consumer in terms of the following regulations is any natural person who enters into a transaction for a purpose that can’t be attributed neither to their commercial nor to their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership, concluding a legal transaction in the act of its independent professional or commercial activity.
Contract language is in English. Accessibility of the contract text is not saved by Seller and, therefore, no longer accessible for Customer after having sent out his order. Customer may print the contract text before sending out his order by clicking the print function on his browser or save it electronically. The order information plus and the General Terms and Conditions are sent to the customer separately via e-mail.
§ 2. Subject of Contract
Subject of the contract is the sale of goods. Details, in particular the essential characteristics of the goods can be found in the item description and product information on the website of LangerChen.
§ 3. Formation of Contract
(1) Seller´s website merely functions as an invitation to customers to submit an offer for the possible conclusion of a purchase agreement for the goods presented. The product description of Seller on the Internet does not represent a binding offer to conclude a contract. Customers may select products from Seller´s product range and add them to their basket by clicking on the „Basket“-Button. Only when a customer clicks on the „Buy Now“-Button, will he or she make a binding offer for purchasing the products in the basket. After calling up the site "Checkout" and entering the “Personal Information” and the “Payment and Shipping Terms”, the complete date order information will be displayed on the Order Summary page again. Before placing a binding offer, customers may view their order data in the order summary and make changes at any time by clicking the respective „Change“-Button or cancelling the purchase.
(2) A customer´s order will only then be placed and transmitted once the customer has accepted the present General Terms and Conditions by clicking the respective box. After completing his order, the customer will receive an automatic, printable order confirmation containing all his order details. This automatic order confirmation does not yet constitute acceptance of the order by Seller, but only proves that Seller has actually received their order. Should the customer not receive within 5 days a confirmation of a shipment notice or a notice that Seller does not have the goods yet, he will no longer be bound to his order. Optionally, already rendered payment will be returned to customer immediately.
(3) A contract shall be legally binding once Seller has accepted the order. Seller will declare his acceptance of the order in form of a shipping document confirmation (hereinafter also referred to as „Contract Confirmation“), which will be sent by email. Seller will be entitled (but not obligated) to accept Customer´s Contract Confirmation within 14 days of receipt of the offer. The completion of the order and the transfer of all information necessary in connection with the final contract is partially automated email. The customer must therefore ensure that the e-mail address entered by him is correct, ingoing emails are technically safe-guarded and are not averted by SPAM filters.
Seller will store the contract text upon conclusion of the contract in compliance with data privacy regulations and will forward it to the Customer by email.
Seller will not accept orders from customers who have not yet reached 18 years of age.
§ 4. Display on Website
The colors of the goods displayed on the website may deviate slightly due to technical reasons.
§ 5. Delivery/Terms of Delivery
Unless otherwise agreed, all merchandise will be delivered to the shipping address specified by Customer. Delivery will be made within 3 to 4 business days in alignment of contract confirmation.
If the merchandise selected by Customer is not available at the time of ordering, Seller will inform Customer accordingly at the beginning of the ordering process. In this order confirmation, Seller will accept Customer’s order only for merchandise that is actually available.
§ 6. Prices/Shipping fees
All prices of Products and shipment cost on the Website are final prices. They include all price components, including all applicable taxes (VAT) .
In the non-EU countries additional duties may be payable to local tax authorities on receipt of customer’s delivery. Customer will be responsible for payment of any such import duties and taxes. The seller has no control over these charges and cannot predict their amount. The customer should contact his local customs office for further information before placing his order. The customer must comply with all applicable laws and regulations of the country for which the products are destined. The seller will not be liable for any breach any such laws.
Incidental shipping fees are not included in the purchase price of the products. More information and details can be found in the „Payment and Shipping“-Section. Such fees are to be paid by the Customer, unless free shipping is granted.
The Customer will get an invoice including incidental taxes.
§ 7. Payment and Shipping Terms
(1) Payment and Shipping Terms can be found in the „Payment“-Section.
(2) Insofar as not agreed upon otherwise, payment claims from the completed contract are due immediately.
(3) All orders for products are subject to availability. In the event of supply difficulties or if products are no longer in stock, the seller will duly inform the customer and he may offer a substitute product which can be ordered. If the customer does not wish to order substitute products, any payment which might have been made, will be refunded.
(4) For consumers it is regulated by law that all risk of accidental damage or accidental loss of goods shall pass over unto the Customer only upon delivery, regardless of whether the shipment has been insured or uninsured.
§ 8. Right of Return, Retention of Title
(1) Right of retention can only be pursued by the Customer if it concerns a claim arising from the same contract.
(2) Right of ownership will only pass on to the customer, if the seller receives full payment of all outstanding sums due for the products, including delivery charges, or charges incurred upon delivery.
(3) The customer is entitled for a right to offset only, if his counterclaims have been legally determined or the seller has uncontested or recognized. He also has a right of retention if and insofar as his counterclaim is based only on the same contractual relationship.
(4) Should the customer be in default with his payment obligation, all contractual claims by Seller are due for immediate settlement.
§ 9. Warranty
(1) The statutory provisions for warranties apply.
(2) The Customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transportation damages. if one of these should be the case, the Customer is obligated to inform the Seller and the Freight Forwarder immediately about his claim. This does not affect the statutory warranty.
§ 10. Liability
(1) The Seller is liable in each case and without restriction for damages arising from injury to life, limb or health, in all cases of malicious intent and gross negligence, for fraudulent concealment of a defect, for the assumption of warranty for the condition of the purchase item, for damages in accordance with the Product Liability Act and in all other cases governed by law.
(2) Insofar as material contractual obligations are affected, the Seller´s liability shall be restricted to contractually typical and foreseeable damages in the case of slight negligence. Material contractual obligations are material obligations arising from the nature of the contract whose infringement would jeopardize achievement of the purpose of the contract, as well as obligations, which the contract imposes on the Seller in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which makes the due execution of the contract possible and compliance with which the Customer may regularly rely upon.
(3) In the case of an infringement of immaterial contractual obligations, liability is excluded in cases of ordinary negligent breaches of duty.
(4) On the basis of currently available technology, there can be no guarantee that data communication on the Internet is error-free and/or available at all times. In this respect the Seller shall not be liable either for the continuous or uninterrupted availability of the website and the service offered there.
§ 11. Choice of Law, Place of Fulfilment, Place of Jurisdiction
German law applies to the exclusion of the UN Convention on the International Sale of Goods (CISG). For consumer this choice of law is only applicable, insofar as this does not withdraw the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer (favourability).
The place of fulfilment and the place of jurisdiction shall be the Seller´s headquarters, as long as this does not breach the statutory law.
§ 12. Information concerning Online Dispute Resolution
The European Commission offers an internet platform dedicated to assisting consumers and traders resolve their disputes out-of-court. The following link leads to the website: http://ec.europa.eu/consumers/odrailadress: firstname.lastname@example.org
§ 13. Right of Return for Consumer
(A consumer is defined as a natural person who concludes a legal transaction for a purpose that cannot be attributed to commercial or independent professional activity.)
Right of Return
You can return the goods without giving a reason by despatching them within 14 days after delivery. The deadline begins upon receipt of these instructions in text form (e.g. by letter, Fax or Email) but not prior to receipt of goods by consumer (nor prior to receipt of the first part-delivery of recurring deliveries of similar goods) nor prior to fulfillment of our obligation under Article 246 § 2 (in connection with § 1 Para. 1 and 2 of EGBGB) nor prior to fulfilment of our obligation in accordance with § 312g, Para. 1, of our BGB, Article 246, § 3. To meet the deadline, it suffices to return the goods; also, it is possible to duly announce the return of goods in written form. In any case, the return is at our expense and risk. The goods to be returned must be addressed to: LangerChen, c/o it’s Organic Handels GmbH, Morassistraße 4, D-80469 München, Tel. +49 89 92566280, Email: email@example.com.
Consequences of Return
In the case of an effected return, any payments or goods provided by either side must be settled accordingly between Seller and Customer. In the event of the goods having been returned in a damaged or deteriorated condition, i.e. you having used the goods in a manner going beyond normal examining of the characteristics and functionality of the goods, you are obligated by law to pay us compensation. Should it be determined that cause of damage has occurred through testing the properties and functioning of the goods, whereby „testing the properties and functioning“ refers to the examining and evaluation of the goods, as is customary in an outlet, Customer cannot be held liable. Obligation to refund payments must be fulfilled by Seller within 30 days. The deadline is effective from the date of despatch of goods or from the date of the written request for reimbursement by Customer.